Democrats in the Legislature have formally urged top officials to seek clarification from the state Attorney General about whether recent actions by West Virginia Auditor Mark Hunt were in line with the law.
The Democrats sent a memo earlier this week to House Speaker Roger Hanshaw and Senate President Randy Smith, both Republicans. West Virginia Watch first reported the move.
“We received the request yesterday afternoon, and we’re evaluating it,” said Jacque Bland, communications director for the Senate.
The potential inquiry stems from questions over whether it was lawful or appropriate when Hunt personally executed multiple delinquent property tax deeds past the mandatory statutory deadline and conveyed them to a company linked to a personal associate and contractor of his office.
Hunt acknowledged all of this in an interview on MetroNews Talkline, but said he took the action as the chief authority of his office when some deeds had not been executed in a timely fashion. He contended he would have taken the same action for anyone.
COMMENTARY BY T.J. MEADOWS: Questions of Integrity Regarding Auditor Hunt.
The West Virginia State Auditor serves as the state’s official bookkeeper, chief financial inspector and supervisor of public offices. The Auditor investigates waste, fraud and abuse across state agencies and local governments.
Hunt, a former state delegate and senator who served as a Democrat and now as a Republican, has served as the state Auditor since 2025. He has practiced law for 30 years, initially as managing partner of Hunt & Serreno PLLC and later at Mark A. Hunt & Associates PLLC.
“The State Auditor’s Office exists to root out corruption, not to practice it,” wrote the legislative Democrats in their memo.
“Thousands of tax deeds pass through that office every year, and the Auditor’s handling of these deeds jeopardizes the appearance of an office that is meant to protect property rights and that must not be rigged for political insiders.”
Over the weekend, West Virginia Watch reported that Hunt had personally stepped in to sign deed transfers to an associate, a duty typically assigned to the deputy land commissioner.
These transactions occur after landowners default on their property taxes, leaving their property vulnerable to tax auction. Property owners have time and options to make good on their overdue taxes. Likewise, a buyer has to put up redemption money within a certain amount of time.
Besides the question about whether the auditor himself has had authority to sign off on property auction purchases, questions have arisen about whether Hunt did so outside the timetable in West Virginia statute.
For example, an Auditor’s transaction notice about a Boone County property specifically told a buyer that according to state code, “I am prohibited from executing a deed after November 14, 2024. If you fail to comply with this deadline, your rights will be considered forfeited and expired and no tax deed will be issued.”
Yet that same transaction record indicates the deed fee was received by the Auditor on March 28, 2025, beyond the timeline explicitly described under state law.
State code indicates that if time is expiring on the property transfer but there’s been no approval, the buyer can petition to the court.
Hunt said this week on MetroNews Talkline that as the elected authority figure in the office, he stepped in nine times to sign transfer documents that had fallen behind on final disposition. He acknowledged doing so in about nine instances and said he would have done so for anyone.
“So the auditor sitting in equity, me, decided we’ll sign the deeds rather than get sued and go to court. Create a little bit of you know a little bit of savings in the in the court system and maybe a few savings in our bankroll as far as as our defense of things,” Hunt said.
He continued, “I’m the boss; I’ll take the heat.”
Democrats in the Senate and House of Delegates emphasized that 2022 tax-sale reforms were specifically designed to safeguard property owners’ due process rights and prevent insider corruption.
So, the requested opinion asks the Attorney General to determine whether the Auditor possessed the legal authority to bypass standard procedures, issue late deeds without court orders and sell properties to individuals connected to the agency.
“The Auditor’s handling of these tax deeds raises questions about what the law requires, and the Legislature should seek the advice of the Attorney General,” the legislative Democrats wrote.
Hunt said on statewide radio that citizens should continue to place their trust in his office.
“The Auditor’s office is running well. We’re bringing in revenue. We’re doing the job of the Auditor,” he said.
But he said he took the deed actions because “this land division has been a problem from day one. It continues to be a problem on day two.”
West Virginia’s previous auditor, J.B. McCuskey, is now the Attorney General.
It’s McCuskey’s office that’s ultimately being asked to examine whether the current Auditor has been in line with the law.
Earlier this week, McCuskey issued a statement to say it’s not fair to characterize the land office as his successor has.
“The Land Division of the West Virginia State Auditor’s Office has some of the hardest working public servants in the state. They are dedicated, intelligent and, above all, ethical,” McCuskey said.
“They manage an intricate system with many requirements and deadlines. They’re true professionals, and I will not sit idly by and allow the current Auditor to disparage them. Claims that the land division was left in disarray do not match the facts of eight years of positive reform and success.”